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***Monday,
September 10, 2012,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
Blue Sky Broadcasting
Reporter Mike Brown was in attendance of the
meetings throughout the morning.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall joined the meeting
to give the departmental report. No written
report was given.
Art Morin and Cheryl Myers
stopped by Commissioners’ Office to briefly
discuss rental fees for Memorial Hall.
Mr. Morin explained issues
with the increase in the rental fee from $25 to
$40. Each square dancer is charged $3 to
participate and if they’re charged more to cover
the cost of the rental fee, they won’t have
people still willing to participate, according
to Mr. Morin. Mr. Morin said the square dancers
may have to find a place they can afford and he
explained the fee charged to the dancers won’t
cover the new rental fee with the number of
participants they currently have. Mr. Morin said
the dancers rent Memorial Hall approximately two
days per week so eight or nine days per month.
It was said the square dancer’s use of Memorial
Hall is a steady rental.
It was said the rental fee
had been $25 per day, it had increased to $35
and now the cost to rent Memorial Hall is $40,
but the dancers had received a grandfathered
clause. Chairman Smith said Commissioners will
schedule a discussion on this matter on Monday, September 24, 2012 at 9:30 a.m.
Mr. Morin & Ms. Myers left
the meeting at
9:15 a.m.
Mr. Gutshall said the
Federal Highways Administration has said because
the Deep Creek Loop drainage issue is an
emergency project, they don’t want to go to a
certain extent for the repairs. The
representatives at the Local Highway Technical
Assistance Council (LHTAC) suggested the County
might be lucky by mitigating the drain work on
Deep Creek Loop through the Local Rural Highway
Projects this year.
Commissioner Kirby moved to
adopt Resolution #2012-40. A resolution to
increase the Road and Bridge budget due to
receipt of unanticipated funds. Commissioner
Dinning second. Motion passed unanimously.
Resolution #2012-40 reads as follows:
RESOLUTION 2012-40
INCREASE ROAD & BRIDGE BUDGET DUE TO RECEIPT OF
UNANTICIPATED FUNDS
WHEREAS, the Board of County Commissioners,
County of Boundary, State of Idaho, did
establish an operating budget for the Road &
Bridge Fund for fiscal year 2011-2012, and
WHEREAS, $31,564.30 has been received
from the State of Idaho Transportation
Department as reimbursement for an emergency
relief project, described as STC-5804
Old US HWY
2/Deep Creek
Loop
(Project No. A012(932); Key No. 12932), for a
mudslide that occurred on Deep Creek Loop, and
WHEREAS, the Road & Bridge Fund for
fiscal year 2011-2012 is in need of this
additional revenue, and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County,
and
WHEREAS, it is appropriate to increase
the Boundary County Road & Bridge Fund Revenue
Account Number 02-00-391-018 and the Road &
Bridge Expense Account Number 02-00-484-00,
Professional Services, in the amount of
$31,564.30, and
NOW THEREFORE, upon motion duly made, seconded
and unanimously carried,
IT IS RESOLVED that the increase in the
Boundary County Road & Bridge Fund Revenue
Account Number 02-00-391-018 and the Road &
Bridge Expense Account Number 02-00-484-00,
Professional Services, in the amount of
$31,564.30 is hereby authorized and ordered; and
IT IS FURTHER RESOLVED that the Clerk is
instructed to deliver certified copies of this
resolution to the Boundary County Treasurer and
the Boundary County Auditor.
DATED this 10th day of September, 2012
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/________________________________
RONALD R. SMITH, Chairman
s/________________________________
DAN R. DINNING, Commissioner
s/________________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________________________
GLENDA POSTON, Clerk of the Board of
County
Commissioners
Recorded as instrument #255034
Mr. Gutshall said a large
crane from Spokane
will arrive soon to set the bridge deck for
Deep Creek
Bridge #4. Chairman Smith said the
new bridge will be bigger, but Mr. Gutshall said
it isn’t necessarily wider. Mr. Gutshall said
the new bridge will open up the creek because
the newer cap and pile are smaller than the
prior abutments and it will also help with
higher water levels. Commissioner Dinning
mentioned linking this project to Total Maximum
Daily Loads (TMDL) related activities to improve
streams and he asked Mr. Gutshall to contact
Patty Perry with the Kootenai Tribe to see if
there is a benefit.
Mr. Gutshall said other
than work on Deep Creek Bridge #4 his crew is
working on District 5 Road to put down fabric,
culverts and new drains. Mr. Gutshall said the
portion of District 5 Road is from the old
Hubbard house to the new one and he explained
the work planned for this area.
Mr. Gutshall said he’s
making ditch lining rock and he will do a lot of
ditch lining on the Paradise Valley Hill.
A Road and Bridge
employee is working on sorting oversize rock,
which could be used on the banks of the
Paradise Valley
hill to keep debris from sloughing onto the
road. Mr. Gutshall explained his plan to keep
this larger rock from sloughing into the drain
rock.
Those present briefly
mentioned proposed letters to comment on for
Statewide Transportation Improvement Projects (STIP).
The meeting with Mr.
Gutshall ended at
9:30 a.m.
Commissioner Dinning moved
to approve the alcoholic beverage catering
permit for the Great
Northwest Territories Event
Center for the Italian Festival in
Naples
to be held the end of September 2012, pending
receipt of the completed permit and required
fees. Commissioner Kirby second. Motion passed
unanimously.
Treasurer Jenny Fessler
joined the meeting at
9:35 a.m.
Commissioner Dinning moved
to grant an extension of time to pay year 2008
taxes for parcel #RP60N01W244050A until
October 31, 2012.
Commissioner Kirby second. Motion passed
unanimously.
Clerk Glenda Poston joined
the meeting.
Commissioners and Treasurer
Fessler discussed details of a possible tax
extension and questioned if additional costs
would be assessed for the tax deed process in
addition to the tax amount owed. If a motion to
grant an extension is made, the Treasurer can
stop the tax deed process and not add tax deed
related fees to this parcel, but if the taxes
are not paid by the date approved by
Commissioners, the Treasurer will set another
tax deed hearing for this property.
Deputy Clerk Nancy Ryals
joined the meeting at
9:50 a.m.
Commissioner Dinning moved
to grant an extension of time to pay year 2009
taxes for parcel #RP61N02E043910A until
April 15, 2013. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to set the tax deed hearing for 2009 taxes for
Tuesday, March 5, 2013 at
10:00 a.m.
Commissioner Kirby second. Motion passed
unanimously.
Treasurer Fessler left the
meeting at 9:51
a.m.
9:54 a.m., Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously. 10:05 a.m., Commissioner Dinning moved to go out of
closed session. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to write off $1,696 for indigent account #2012-7
as the applicant qualified for Idaho Medicaid.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to deny on appeal indigent application #2012-13
and to deny application #2012-29 as per the
Clerk’s recommendation. Commissioner Kirby
second. Motion passed unanimously.
10:05
a.m., Deputy Clerk Ryals left the
meeting.
Commissioners tended to
administrative duties.
Clerk Poston left the
meeting at 10:25 a.m.
Commissioners reviewed
claims for payment. Fund totals are as follows:
Current Expense
$25,411.99
Road & Bridge
129,147.39
Airport
4,535.04
District Court
9,083.94
Justice Fund
31,157.62
911 Funds
1,823.09
Hospital, Operation
46,805.11
Indigent & Charity
18,558.05
Junior College Tuition
40,301.50
Parks and Recreation
9,406.08
Animal Damage Control
5,000.00
Revaluation
2,976.16
Solid Waste
7,569.03
Tort
1,975.39
Veterans Memorial
64.02
Weeds
15,861.06
Restorium
3,458.47
Waterways
130.53
Juvenile Probation, Lottery
1,966.00
Restorium Grant
15,186.85
Hospital Supplemental Levy
2,496.32
Grant, Fire Mitigation
63,946.96
TOTAL
$436,860.60
Citizens are invited to
inspect detailed records on file in the
Courthouse (individual claims & Commissioners’
allowance & warrant register record 2012).
10:30 a.m., County resident
Ken Lustig stopped by Commissioners’ Office to
ask questions of the upcoming public hearing on
Planning and Zoning Application #12-006 to
rezone multiple properties along the Moyie River
and of road maintenance issues. Commissioners
briefly explained the purpose and process of the
public hearing.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
September 11, 2012,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
9:00 a.m., Boundary County
Emergency Services Director Dave Kramer,
Incident Commander Bob Graham, and Clerk Glenda
Poston joined the meeting to discuss going out
for proposals for someone to draft the updated
All Hazard Mitigation Plan for the County.
Mr. Kramer said there are
two possible options to obtain a qualified
person to rewrite a new plan. One option is
seeking requests for proposals, but another
option is the independent contractor agreement
that has been sent to him by Rick Fawcett with
Whisper Mountain Professional Services. Mr.
Kramer informed Commissioners that
Whisper
Mountain is the same company that
drafted the County’s Evacuation Plan, the
Kootenai Tribe’s Evacuation Plan, etc. Mr.
Kramer said he didn’t know if there was a
specific dollar amount that would affect whether
the County had to seek requests for proposals or
just sign an independent contractor agreement.
9:04
a.m., Commissioners contacted County
Attorney Phil Robinson via telephone.
Mr. Kramer informed
Attorney Robinson about a grant award of over
approximately $60,000 to update the All Hazard
Mitigation Plan and Mr. Kramer explained the two
options for selecting someone to draft the
update. The County’s match portion is in-kind
and Whisper
Mountain has offered a pro bono of
$3,000. Attorney Robinson asked what this
contractor does for this money and Mr. Kramer
said Mr. Fawcett will do the research, write the
plan and get it approved by the Federal
Emergency Management Administration (FEMA). Mr.
Kramer read the proposed independent contractor
agreement that was sent to him.
County resident Bob Olson
joined the meeting at
9:05 a.m.
Attorney Robinson said
there is no construction, fixed goods, etc., and
if the project is kept under $50,000, the County
can follow the informal bidding process as
opposed to the formal bidding. Commissioner
Dinning asked if in-kind counts toward the total
cost.
After more discussion of
the type of work involved in updating the plan,
Attorney Robinson said the County would be okay
in going with the option to enter into an
independent contractor agreement with
Whisper Mountain
to draft the All Hazard Mitigation Plan.
Attorney Robinson said it’s a situation similar
to the County signing an agreement for his
services, but he would research this and get
back with Commissioners.
The call with Attorney
Robinson ended.
Mr. Kramer said former
Planning and Zoning Administrator Mike Weland
had been the County’s Public Information Officer
(PIO) for emergencies when he worked for the
County, but he is not sure of Mr. Weland’s
availability. Mr. Kramer said David Sims is
willing to fill this position once he has the
training and Dean Satchwell is willing to
provide training. Commissioner Dinning said he
would like to look at the structure of having
one of those people mentioned, but also have Mr.
Graham and Mr. Kramer involved. Mr. Graham said
if this works out right, use of a PIO would be
in the event of an emergency and the person in
this position operates under the incident
commander and only offers the information he has
been given. Mr. Graham said this PIO may not be
the person to meet with the media necessarily;
it just depends on the situation.
Those present discussed
having multiple people fill this position and a
specific person could be chosen when an incident
occurs. Commissioners mentioned they would feel
comfortable with Mr. Kramer appointing the
people to fill this position.
Commissioner Dinning moved
to authorize Boundary County Emergency Services
to appoint the County’s Public Information
Officers. Commissioner Kirby second. Motion
passed unanimously.
Chairman Smith said
Commissioners and Mr. Graham had talked about
writing a letter to the Idaho Congressional
Delegation inviting them to take a tour on the
Kootenai
River in order to view the damage
done to the dikes as a result of high water
levels. Those present discussed sending letters
to the U.S. Army Corps of Engineers Colonel and
the Idaho Congressional Delegates. Mr. Graham
suggested also sending a letter to Jonathan
Livingston at the National Weather Service.
Chairman Smith said there
had been talk about having this visit the same
time as an upcoming Kootenai Valley Resource
Initiative (KVRI) meeting. Mr. Graham questioned
the length of time it would take to boat up and
down the river and whether it would be better to
take the boat upriver to see the dikes and
travel back by car in order to view the various
districts and fields.
Mr. Olson asked when this
visit might happen and Mr. Graham said he had
hoped it was this month, but the letters have
not gone out yet. Mr. Olson said if this tour
happens in October, the land will be tilled up
so not much damage would be seen, although
damage could be seen in the DVD he made.
Attorney Phil Robinson
contacted Commissioners via telephone in order
to provide them with information pertaining to
what’s allowed for procuring someone to draft
the County’s All Hazard Mitigation Plan.
Attorney Robinson said
under Idaho Code #67-2803, Subsection 4, states
the procurement of personal or professional
services to be performed by an independent
contractor is exempt from bidding laws so
Commissioners can choose.
The call with Attorney
Robinson ended at
9:20 a.m.
Mr. Kramer said he would
contact Mr. Fawcett about changes to make in the
contract.
Those present resumed the
discussion on touring the
Kootenai River
to view damage to the dikes. Mr. Graham said it
might be better if there was time to take a boat
upriver and drive down or vice versa as it would
allow both sides of the dikes to be seen and it
would cut the time it takes in half. Chairman
Smith said he would call the three congressional
representatives to talk about coming to
Boundary County.
Commissioner Dinning said
the use of the congressional representative’s
time would be to show them the length and bad
areas of the dike and he referred to the north
end of Ball Creek. Mr. Graham said there are bad
areas from Deep Creek all the way up. Those
present discussed areas to visit. Mr. Graham
said the purpose is to recognize the issues with
having high water levels and to put pressure on
the U.S. Army Corps of Engineers because the
Corps won’t provide help if it’s not approved by
Congress.
Mr. Olson asked
Commissioners if sturgeon testing is done and
Commissioner Dinning said he thinks this was the
last year of testing. Commissioner Dinning asked
if a study of sedimentation of the lake was
done, and he said the estimations of the
capacity of that lake may be way off since the
study hasn’t been done since the 1970’s.
Commissioner Dinning said if you look at the
sediment issue at Deep Creek every year, think
of how much that happens in the lake.
It was said there’s a
difference of 50 feet that was not drawn down
this year as was done last year.
The meeting with Mr.
Kramer, Mr. Graham, and Mr. Olson ended at
9:30 a.m.
Clerk Glenda Poston
remained in the meeting.
9:30 a.m., Airport Manager Dave
Parker joined the meeting.
Commissioner Dinning moved
to amend the agenda for today at
9:30 a.m., to vote on the Idaho
Capital Crimes Defense Program Board of
Directors for District 1 and the Board of
Directors At-Large positions as it is a time
sensitive issue. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to nominate Kootenai County Commissioner Dan
Green for the Idaho Capital Crimes Defense Fund,
Board of Directors position for District 1.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to nominate Latah County Commissioner Dave
McGraw for the Idaho Capital Crimes Defense
Fund, Board of Directors At-Large position.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to amend the agenda for this morning at
9:35 a.m., to make a motion to sign
the Computer Arts, Inc. Contract Addendums for
year 2012-2013 as it is a time sensitive matter.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to sign the Computer Arts, Inc. Contract
Addendums for fiscal year 2012-2013.
Commissioner Kirby second. Motion passed
unanimously.
9:40 a.m., Commissioners contacted
County Attorney Phil Robinson via telephone.
Commissioners informed
Attorney Robinson that the Chairman of the
County’s Snowmobile Advisory Board, Jeff
Urbaniak, is having trouble finding someone with
a public works license who will repair the
snowmobile warming shelter and restroom after it
sustained damage in a recent wind storm. Mr.
Urbaniak has approached people about the job,
but there have been no responses from people who
carry a public works license other than Bonners
Ferry Builders, who didn’t express interest in
taking the job.
Chairman Smith read aloud
to Attorney Robinson an exemption as listed in
the Idaho Code and Administrative Rule for
Public Works Contractor Licensing Brochure.
Attorney Robinson said the County still needs to
solicit request for proposals from at least
three people and if there are no responses from
someone with a public works license,
Commissioners can proceed by turning the job
into a County project. The requests for
proposals can be semi- informal and needs to
allow for three or four business days to
respond. Specifications need to be in writing or
by phone, but someone needs to keep track of the
responses. Attorney Robinson said the requests
for proposals do not have to be published in the
newspaper. Attorney Robinson reiterated if the
County doesn’t receive responses from builders
having a public work license, the County can be
exempt from this requirement, treat the project
as its own and enter into a contract with the
builder.
Commissioner Kirby moved to
go into executive session under Idaho Code
#67-2345(1)f. To communicate with legal counsel
for the public agency to discuss the legal
ramifications of and legal options for pending
litigation, or controversies not yet being
litigated, but imminently likely to be
litigated. Commissioner Dinning second.
Commissioners voted as follows: Chairman Smith
“yes”, Commissioner Dinning “yes”, and
Commissioner Kirby “yes”. Motion passed
unanimously. 10:20 a.m., Commissioner Dinning moved to recess from
executive session. Commissioner Kirby second.
Motion passed unanimously.
Solid Waste Superintendent
Claine Skeen and Idaho Department of
Transportation Foreman (ITD) George Shutes
joined the meeting to discuss the proposed
monitored dumpster site in Moyie Springs.
Chairman Smith informed Mr.
Shutes and Mr. Skeen that Attorney Robinson was
present for this meeting via telephone. Mr.
Skeen mentioned looking for a one to one and one
half acre piece of land for a monitored site in
Moyie Springs across from the bridge. The
property in question has been reclaimed since it
had been an old gravel pit. The thought was to
lease this property from the State of
Idaho
via memorandum of understanding, but there is an
exchange in money with that.
Mr. Skeen said the
possibility of a land swap has also been
discussed. Mr. Shutes said if a land swap could
be done for the ground, it would be done for
fair market value like a gravel pit. Mr. Shutes
said if Commissioners were interested in
purchasing a portion of that site, ITD
determined that fair market value would be
$4,100 per acre. Mr. Shutes said ITD would have
to find out if surrounding neighbors are also
interested in the property and if not, the
County could purchase it. If neighbors are
interested, the sale of the property would have
to go to bid. Chairman Smith explained the
County cannot pay more than fair market value.
Attorney Robinson mentioned
ITD having rules about exchanges with other
governmental entities. Mr. Shutes mentioned
changes that ITD has made in relation to that
and he was told ITD is not able to trade land
any longer.
Chairman Smith asked why
the preference of a land sale rather than the
lease option since the other sites in Copeland
and Naples
are leases with memorandums of understanding.
Mr. Shutes said the State has two sites like
Naples
and Copeland and they want to get away from
these garbage sites. Mr. Shutes also explained
that the sites in Naples
and Copeland do not have neighbors living right
there and if a site was developed in the
proposed Moyie site, which does have residences
nearby, the complaints would come to ITD if the
wind blew garbage around. If enough complaints
are made, the County would be out, according to
Mr. Shutes. Mr. Shutes said depending on what
timber is on the property to be purchased the
value per acre could be less than $4,100.
Commissioner Kirby said he thinks the County
should look at buying this land.
Mr. Shutes said the State
has used the land and isn’t doing anything with
it so it’s basically getting rid of the
property. Mr. Shutes said the neighbor to the
southeast most likely doesn’t want to buy this
land, but he thinks she is offering her property
for sale and in that case, this situation could
possibly become a bidding war. Commissioner
Dinning said he would talk to Damon Allen,
District Engineer with ITD to understand their
process.
The meeting with Mr. Skeen
and Mr. Shutes ended at
10:40 a.m.
Commissioner Dinning moved
to reconvene in executive session under Idaho
Code #67-2345(1)f. To communicate with legal
counsel for the public agency to discuss the
legal ramifications of and legal options for
pending litigation, or controversies not yet
being litigated but imminently likely to be
litigated. Commissioner Kirby second.
Commissioners voted as follows: Chairman Smith
“yes”, Commissioner Dinning “yes”, and
Commissioner Kirby “yes’. Motion passed
unanimously. 11:10 a.m., Commissioner Dinning moved to go out of executive
session. Commissioner Kirby second. Motion
passed unanimously.
Clerk Poston and Mr. Parker
left the meeting.
11:10 a.m., Idaho
Department of Juvenile Corrections District 1
Liaison Jim Crowley, Boundary County Juvenile
Probation Officer Jessica Nordheim and Idaho
Department of Juvenile Corrections District
Liaison Supervisor Jason Stone joined the
meeting to update Commissioners on the
approximate State funding distributed through
the first quarter for State fiscal year 2013.
Mr. Crowley introduced Mr.
Stone to Commissioners as his new supervisor and
he handed Commissioners a District 1 Demographic
and Fiscal fact sheet. Mr. Crowley discussed the
Rule 19 Pre-Commitment screenings and he
explained that of the two
Boundary
County juveniles who were
pre-screened, one juvenile diverted from
commitment in the juvenile system. This
pre-screening helps slow down the sheer numbers
of juveniles, but not all kids are diverted.
Those present reviewed the various District 1
county statistics. Mr. Crowley said
Boundary
County’s levels are fairly stable
and Ms. Nordheim briefly discussed a service
offered by her department in relation to this
issue.
Commissioner Dinning said
he sees that some counties have no
pre-screening, but did have commits. Mr. Stone
explained that the commitments can fall outside
of the quarter in which the pre-screening took
place and that is why there’s a difference. Mr.
Crowley informed Commissioners that substance
abuse and mental health diagnoses are both high
and the statistics for adjudicated sex offenders
is slightly lower.
Mr. Crowley said the State
funding distributed through Quarter 1 for fiscal
year 2013 shows that
Boundary
County received slightly over $1,000
from the lottery. Tobacco funds received are
$7,535 and this is based on population. It was
explained that these are quarterly
distributions. In terms of program funding that
Boundary County
has access to for the Reentry, Mental Health and
CIP Programs, Boundary
County has received $175.
Commissioner Dinning asked
why there is a cost difference per individual
for substance abuse. It was said those dollars
cover assessments to see what service a person
qualified for as each person may need a
different level of care. Ms. Nordheim said
Boundary
County’s costs are down as a lot of
Boundary County’s
juveniles qualify for Medicaid. Mr. Crowley
discussed meeting the needs of juveniles with
substance abuse issues. Mr. Crowley said his
department was issued the full funding, but that
may increase.
Mr. Crowley said a
memorandum of understanding (MOU) is sent to the
counties every three years to review and sign
for mental health and counties should receive
the new MOU soon.
Commissioners discussed the
video conferencing equipment, and Chairman Smith
said the system is up and running.
The meeting with Ms.
Nordheim, Mr. Stone and Mr. Crowley ended at
11:45 a.m.
There being no further
business, the meeting adjourned at
11:45 a.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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